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Patna High Court

Ranu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to the conditions prescribed under Section 480(3) of the B.N.S.S. and additional personal conditions.

Summary

The petitioner, Ranu Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after a pickup van he was traveling in was found to contain 129.020 litres of foreign liquor. He contended that he was merely a passenger, that no contraband was recovered from him, and that the search and seizure procedures were not properly followed. The petitioner also highlighted his clean antecedent and that he had been in custody since 21‑04‑2026. The State opposed bail, but the court, after considering the facts and the petitioner’s lack of direct involvement, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional personal conditions. The bail order required the petitioner’s presence at all court dates and stipulated cancellation of bail upon three consecutive absences or violation of terms.

Issues considered

  • Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of his alleged involvement.
  • Whether the alleged procedural lapses in the search and seizure of the foreign liquor affect the grant of bail.
  • Whether the petitioner’s clean antecedent and the fact that he was only a passenger justify the issuance of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • foreign liquor
  • search and seizure
  • clean antecedent
  • passenger
  • Section 30(a)
  • Section 480(3)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37980 of 2026
                       Arising Out of PS. Case No.-195 Year-2026 Thana- GOPALPUR District- Patna
                 ======================================================
                 Ranu Kumar Son of Awdhesh Manjhi Resident of village- Mirzapur PS-
                 Chiksaura Dist -Nalanda P/A- Bhagwat Nagar Musahari, (in a rented house)
                 Ps- Agamkuan, Dist- Patna

                                                                                   ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mithilesh Kr. Arya, Advocate
                 For the Opposite Party/s :       Mr.Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Gopalpur P.S. Case No. 195 of 2026 registered

                   for the alleged offences under Section 30(a) of Bihar Prohibition

                   and Excise Act.

                                03. As per prosecution case, during checking of

                   vehicles a pick up van was searched and from the said vehicle,

                   recovery of 129.020 litres of foreign liquor was made. The

                   petitioner was sitting in the vehicle which was being driven by

                   co-accused Vinay Kumar.

                                04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.37980 of 2026(2) dt.17-06-2026
                                            2/3




          petitioner is innocent and has been falsely implicated in this

          case and he has no concern with the seized vehicle. The

          petitioner was merely a passenger in the vehicle and nothing

          incriminating has been recovered from the person or possession

          of the petitioner. The mandatory provisions of search and

          seizure have not been followed. The petitioner is having clean

          antecedent and he is in custody since 21.04.2026.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that the recovery has not been shown from the petitioner

          and further considering the period of custody of the petitioner

          and his clean antecedent, the petitioner above named is directed

          to be released on bail on furnishing bail bonds of Rs. 10,000/-

          (Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Court of Excise-II,

          Patna/concerned Court in connection with Gopalpur P.S. Case

          No. 195 of 2026, subject to the conditions mentioned in Section

          480(3) of B.N.S.S. and also the following conditions :

                                          (i) One of the bailors will be a close

                                          relative of the petitioner.
            Patna High Court CR. MISC. No.37980 of 2026(2) dt.17-06-2026
                                                        3/3




                                                      (ii) The petitioner will remain present

                                                      on each and every date fixed by the

                                                      court below.

                                                      (iii) In case of absence on three

                                                      consecutive dates or in violation of the

                                                      terms of the bail, the bail bond of the

                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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